Legal Question in Traffic Law in New Jersey

Thanks in advance,

I live in NJ in a townhouse complex. My son took his work van home and wanted to park inside our developement, it is a commercial vehichle, which is not allowed in the complex according to our by-laws. At the entrance to the complex (which I believe is a county road) is a wide shoulder like an apron where I told him to park the van. I have lived here for 26 yrs. and have seen many vehicles parked in this particular spot before. You either have to turn left or right leaving the complex and the way he was parked gave an unobstructed view of the road in both directions so that a vehicle could safely turn in either direction. The van was towed to the tune of 320.dollars and he was issued 2 parking tickets. I might add that this is his employers van, not his, but also realize he is responsible for the van when he is using it for company business. One of the tickets statute 39:4-138L which on the ticket says Parked Creating an Obstruction does not fit the description of the statute: Improper parking alongside or opposite street excavation or obstruction, causing traffic obstruction (when properly sign posted). The key here is When Posted. Their are no signs anywhere in this spot or even near it to indicate that parking is not permitted! The other ticket is for Parking on a Highway 39:4-136 The summons reads Failure to Park off Roadway. I also want to say that my son paid the 320 dollars out of his own pocket for the tow, but to date his employer has not offered to help him pay for the tickets, which require a court appearence. As his father and based on my telling him he could park there I feel partly responsible and will help him pay, but I feel that the tickets were improperly issued according to the statutes. What is your take?

Michael A. Orlando

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